Laches no longer a defense to patent infringement

While under attack for several years now, the patent infringement defense of laches was dealt a serious, and likely final, blow by the recent Supreme Court case of SCA Hygiene Products AB et al. v. First Quality Baby Products LLC et al., No. 15-927 (U.S. Mar. 21, 2017). Relying largely on analogous copyright law, the Supreme Court held that a claim for damages for patent infringement committed within the six-year statute of limitations cannot be opposed using a laches defense.

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